What is a Writ of Habeas Corpus?
The sad truth is that every day across Texas innocent people are found guilty of crimes they did not commit. We know: a wrongful conviction is terrifying.
But it doesn’t mean the fight is over. With the help of a skilled criminal defense attorney, such as Austin-based Chris Perri, you will have options. Typically, there are two possible paths to overturning criminal convictions: appeals and writs of habeas corpus. Many people have heard of an appeal, but if you’re like most, you’re probably wondering: what is a writ of habeas corpus?
Writ of Habeas Corpus: defined
In Latin, the term “writ of habeas corpus” literally translates to “produce the body.” In Texas and federal law, a writ of habeas corpus (commonly referred to simply as a “writ”) is an application arguing for the release of a convicted person, either from prison or the constraints of their criminal record, usually for a new trial.
This is different than an appeal. People tend to pursue appeals if something went wrong at the trial, such as a judge making an inaccurate ruling, or the prosecution an unfair claim. However, that is the limit of appeals—only trial issues can be raised.
Going one step further than appeals, writs allow convicted individuals to bring forth new evidence that wasn’t introduced at the original trial. Hopefully, a judge finds this new evidence compelling enough to reverse the conviction and grant a new trial.
Unlike an appeal, a writ allows you to introduce new evidence.
A writ is a lengthy process that demands time and research. In order to pursue this option, it is essential to hire a criminal defense lawyer who has extensive post-conviction experience, such as Chris Perri in Travis County. They can help you decide if filing an appeal or writ makes the most sense. Often, people pursue a writ after they’ve exhausted their appellate options.
Sometimes though, you’re better off starting your fight for justice with a writ of habeas corpus. Typically, a writ is appropriate if there is strong new evidence, such as:
New scientific evidence
New DNA testing
A new suspect
A new witness
Again, a writ differs from an appeal in that it is not about unmasking errors made at trial, but instead focused on bringing new information to light. It is up to a judge to decide if the new evidence is convincing enough to warrant a new trial.
Read about our unique writ process here.
If you received harmful advice from your lawyer, filing a writ could help.
Another common reason to file a writ of habeas corpus is if you believe your prior criminal defense attorney provided “ineffective assistance of counsel.”
Unfortunately, bad lawyering happens more than it should. For instance, maybe a person decided to plead guilty because of advice given by their attorney that they later found out was wrong. Arguing “ineffective assistance of counsel” is, technically, considered a form of bringing forth new evidence, so therefore such a claim would be made in a writ of habeas corpus instead of an appeal. If you believe your defense attorney was ineffective, the best thing you can do is reach out to a proven post-conviction criminal defense lawyer, such as Chris Perri in Austin, who understands the ins and outs of Texas and federal law.
How much does a writ of habeas corpus cost?
At our firm, the price of a writ varies widely, depending on factors such as length of trial, severity of the charge, and whether the case is federal or state. Sometimes, we also recommend hiring experts to help bolster our claims, however we always make those decisions in collaboration with clients and their family.
To learn more about the cost ranges of a writ of habeas corpus at Chris Perri Law, click here.
Writs of habeas corpus are an uphill battle – finding the right defense attorney is key.
Once you’ve been convicted of a crime, the whole “innocent until proven guilty” rule no longer applies. In fact, it’s now the opposite. The state of Texas now sees you as guilty unless you persuade them otherwise. In the case of a writ, the judge, or a panel of judges, has to find the new evidence not only valid, but compelling enough that it would have swayed the results of a jury trial.
This is important to remember when selecting a criminal defense lawyer for your appeal or writ of habeas corpus. You want someone who will work tirelessly, understands the highly technical post-conviction process, and has a proven history of winning. With over 15 years of experience serving people in Travis County, Hays County, Williamson County, and throughout Texas, Chris Perri has successfully helped clients overturn their criminal convictions and get their lives back.
To learn more about filing an appeal or a writ of habeas corpus at the federal or state level, contact Chris Perri at (512) 269-0260 or visit www.chrisperrilaw.com for a free, no obligation consultation today.